These terms outline the agreement between Tall and the short of it AU Pty Ltd ("we", "us" or "our") and the client engaging our services ("you" or "the client").

Services may be delivered under the trading name Tall and the short of it and may include the coordination of third-party contractors or suppliers where agreed.

By accepting a proposal, submitting a brief, or engaging our services in writing or via email, you agree to be bound by these terms unless otherwise stated in a separate signed agreement.

We provide strategic marketing advisory and Fractional CMO services to support your business objectives. This may include, but is not limited to:

• Strategic planning and brand positioning
• Marketing audits and opportunity analysis
• Campaign direction and performance reviews
• Creative brief development and oversight
• Advisory on digital platforms, advertising, or technology stacks
• Collaboration with designers, developers, or media buyers

This engagement is consultative. While we advise on strategy and execution, final decisions and implementation remain your responsibility unless agreed otherwise in writing.

Services may be provided on a project, sprint, retainer, or ad-hoc basis.

• Ad-hoc consulting is $149/hour (ex. GST).
• Retainers, sprints, and projects are quoted in writing before commencement.
• Pricing is in AUD, exclusive of GST, and subject to change (not retroactively).
• Work begins only once scope and pricing are agreed to in writing.
• Quoted costs are valid for 30 days unless otherwise agreed in writing.
• A 25% surcharge may apply for urgent work needed within 48 hours, depending on availability.
• Minor requests (under 15 minutes) may be actioned at our discretion and billed accordingly without a new quote.

We also provide access to trusted creatives and developers without traditional agency markups, contributing under our direction.

• Standard payment terms are 14 days from invoice date.
• Invoices over $1,000 require a 50% deposit before work commences.
• Retainers are billed monthly in advance.
• Payments are via bank transfer (details on invoice).
• Late payments may pause services. Interest may apply per legislation.
• If unpaid after 31 days, services may be suspended.
• Projects inactive for 60+ days are considered complete; final billing applies.
• Reactivation may require rescoping and incur a reactivation fee.
• Third-party costs (e.g. Google Ads, Meta, subscriptions, tools, printing) are paid directly or invoiced separately.

• Quoted work includes two (2) rounds of revisions (text, imagery, layout).
• Further revisions or out-of-scope changes will be quoted before proceeding.
• Additional work is billed at $149/hour (ex. GST) unless agreed otherwise.
• Major changes may require a revised proposal.
• If further changes are requested after the final revision period, they may be treated as new requests.

Upon full payment, you own the final deliverables created specifically for your business (e.g. strategy documents, marketing plans, design assets).

We retain rights to:

• Underlying frameworks, tools, templates, and methodologies
• Drafts, exploratory work, iterations, or concepts not used in final deliverables
• Generic assets or systems developed outside your project
• Third-party licences (e.g. stock, fonts, software) remain subject to their terms
• For the purposes of this agreement, a project is considered complete when all agreed deliverables have been provided and no feedback or revision requests are received within 14 calendar days of delivery.

• We provide strategic advice and deliverables in good faith, but outcomes are not guaranteed.
• All final decisions and actions remain your responsibility.
• We are not liable for any direct or indirect loss, damage, or disruption resulting from the use or reliance on our work.
• Our total liability is limited to the total fees paid by you for the specific service or project in question.
• We make no express or implied warranties, including any implied warranty of merchantability or fitness for a particular purpose.
• We may use AI-assisted tools to support creative or strategic work. Outputs are reviewed by us but may require human editing and are provided without warranty.

Either party may terminate the engagement in writing.

• You will be invoiced for work completed up to the termination date.
• Deposits for fixed-fee work are non-refundable.
• Retainer time is non-refundable but may roll over at our discretion.

We may pause work if:

• Payment is overdue by 31+ days
• Communication ceases or a project stalls for 60+ days
• Paused projects will require rescheduling. A reactivation fee may apply.

• All print quotes will be provided for approval prior to production.
• Final artwork sign-off is required in writing before files are sent to print.
• We rely on your final approval of artwork and are not liable for any errors or omissions once signed off
• Reprints due to client-requested changes or missed errors will be quoted and billed separately.
• Printing may be fulfilled through third-party suppliers and invoiced directly or through us as agreed.

• Unless otherwise agreed in writing, usage rights are limited to the specific purpose outlined in the project scope (e.g. website, social media, internal presentations).
• High-resolution files and raw footage are not included by default and may be provided or licensed separately upon request.
• We retain copyright over all original images and footage unless exclusive ownership is agreed and paid for in writing.
• Edits and revisions include two (2) rounds of basic adjustments (e.g. colour grading, cropping, trimming). Additional edits may be quoted separately.
• Travel fees, location permits, props, talent, or external equipment hire will be quoted in advance where applicable.
• Clients are responsible for securing permission to film or photograph at chosen locations and for ensuring appropriate releases are signed if required.
• We reserve the right to use non-confidential or non-exclusive imagery in our portfolio or promotional material unless otherwise agreed.
• Final deliverables will be provided in agreed file formats. Storage of originals is not guaranteed beyond 30 days after delivery unless otherwise arranged.

• Some deliverables may use licensed fonts that require separate purchase.
• You are responsible for acquiring appropriate font licences for ongoing use unless we’ve included this in your project scope.
• We’ll let you know if your final files include any such fonts and provide links to purchase where possible.

• You’ll provide access and up-to-date credentials for any third-party platforms we need to work with (e.g. Meta, Google Ads, email tools).
• You remain the account owner and are responsible for its ongoing security and compliance.
• Platform ad spend is billed directly by the provider unless otherwise agreed. You are responsible for timely payments.
• We follow each platform’s policies, but any suspensions, restrictions, or downtime are beyond our control.
• If platform issues arise, we’ll notify you and adjust strategy where possible, but we can’t be held liable for any resulting delays or performance issues.
• You agree to indemnify us for any losses or claims arising from your use of third-party platforms, tools, or services.
• If a third-party platform introduces updates, policy changes, or technical changes that impact the performance, design, or functionality of your accounts, websites, or integrations, any work required to investigate, resolve, or adapt to these changes is considered out-of-scope and will be quoted or billed separately at our standard rate. We do not guarantee compatibility after future platform updates unless ongoing support is included in your agreement.

• Hosting and maintenance services (if provided) are limited to basic uptime monitoring and issue resolution.
• We rely on third-party hosting providers; we are not liable for outages, downtime, or security breaches outside our control.
• Regular maintenance may include plugin updates, performance checks, or backups where agreed in writing.
• Emergency support is not guaranteed unless included in your scope or support agreement.
• You are responsible for alerting us to issues requiring attention unless covered by a monitoring service.

•  You remain the legal registrant and owner of all domain names unless explicitly transferred.
• We may assist with registrations, renewals, or DNS configuration where requested.
• You are responsible for renewing domain names on time; we do not guarantee reminders or automatic renewals.
• Any DNS changes will be made based on your written instructions.
• We are not liable for issues resulting from registrar errors, propagation delays, or outdated credentials.

• Projects are tested for recent versions of major browsers: Chrome, Safari, Firefox, and Microsoft Edge.
• We do not support legacy browsers like Internet Explorer.
• Slight appearance or behaviour differences across browsers and devices are considered acceptable.
• Mobile responsiveness is addressed where part of your project scope.
• Additional compatibility testing (e.g. assistive devices, obscure browsers) may be quoted separately if required.
• Accessibility (e.g. WCAG 2.1 compliance) is not guaranteed unless specifically included in the project scope.

We take reasonable steps to safeguard client information and systems we access during the course of our work. However:

• You are responsible for the ongoing security of your own platforms, systems, and customer data.
• If we become aware of any unauthorised access, suspected breach, or data loss while working within your systems, we will notify you promptly and cooperate in good faith to mitigate any impacts.
• We do not accept liability for breaches originating from third-party systems, user errors, or platform vulnerabilities beyond our control.
• You agree to maintain your own backup, access control, and security protocols as required under applicable privacy and data protection laws.

To ensure effective collaboration and service delivery, the following responsibilities rest with you as the client:

• Access and credentials: Provide accurate and timely access to platforms, tools, and files needed to perform our work.
• Authorisation: You authorise us to make updates or changes to your systems or accounts within the agreed scope.
• Backups and data protection: You are responsible for backing up your data. We are not liable for any loss caused by pre-existing issues or third-party platforms.
• Timely approvals and input: Your responsiveness impacts deadlines. Delays in feedback or required assets may affect timelines or campaign effectiveness.
• Compliance: You are responsible for ensuring your business complies with all applicable regulations (e.g. privacy laws, spam legislation, ad standards). We can provide guidance but do not offer legal advice.
• Use of third-party content: Any materials, imagery, or content you supply must be owned by you or properly licensed. We accept these in good faith and are not liable for breaches related to client-supplied content.
• Platform terms: You remain the owner of all third-party accounts and are responsible for ongoing compliance with those platform terms (e.g. Google, Meta, CRMs, email tools).
• Email / SMS marketing consent: You are responsible for ensuring that recipient lists are lawfully obtained and comply with all applicable anti-spam and privacy regulations. We follow best practices but cannot guarantee email deliverability due to factors beyond our control (e.g. sender reputation, recipient filters, list quality).

We may engage trusted third-party creatives or contractors to assist with delivering your project.

• All work remains under our direction.
• Contributors won’t contact you directly unless agreed.
• Any work they complete is covered under this agreement and handled with the same care and confidentiality.

• If a dispute arises, both parties will first try to resolve it in good faith.
• If unresolved within 14 days, either party may request mediation by a mutually agreed third party.
• Each party is responsible for their own mediation costs.
• If mediation fails, legal action may be pursued through the courts of Queensland, Australia.

This agreement is governed by Queensland law. Any disputes must be resolved within the jurisdiction of Queensland courts.

These terms form the entire agreement between you and Tall and the short of it AU Pty Ltd.

• No other terms apply unless agreed in writing.
• If any term is found unenforceable, it will be severed; all other terms remain valid.
• Failure to enforce any provision does not waive that right.
• We may update these terms from time to time to reflect changes in our services, legal obligations, or business practices. The latest version will always be available on our website. If material changes occur, we’ll notify active clients via email. Continued use of our services confirms your acceptance of the updated terms.
• We are not liable for delays or failures caused by events beyond our reasonable control, including but not limited to natural disasters, pandemics, acts of war, or government restrictions (force majeure).
• Clauses relating to intellectual property, liability, confidentiality, and dispute resolution will survive the termination of this agreement.
• You agree not to directly solicit, hire, or engage any of our contractors, freelancers, or collaborators involved in your project for separate work outside this agreement for a period of 12 months following project completion, unless otherwise agreed in writing.

If you have any questions about these terms or your engagement, please don’t hesitate to get in touch via our contact form. We aim to respond within 2–3 business days.

Tall and the short of it AU Pty Ltd is owned and operated by Michael Darcy. Any reference to “Tall and the short of it” in this agreement refers to the company, its owner, directors, employees, and authorised contractors involved in service delivery.